Title Objections. Buyer has 14 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies Seller of any Title Objections, Seller has 7 days from receipt of Xxxxx’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.
Appears in 2 contracts
Samples: Road Construction Agreement (ETX Park Fund #2, LLC), Road Construction Agreement (ETX Park Fund #2, LLC)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.5. (“"Title Objection Deadline”") to obtain and review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five business days from receipt of Xxxxx’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five business days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, 's obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure only any other Title Objections that Seller has agreed to cure in the Cure Notice. At or before Closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure any other Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company paragraph A.4. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment Commitment, to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, obligations to remove all liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Purchase Contract
Title Objections. Buyer has 14 10 days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, the UCC Search, and the Survey if a new Survey is required by Buyer or Title Company (“"Title Objection Deadline”") to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 20 days from receipt of Xxxxx’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 20 days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s 's obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Notice.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 until thirty (30) days after delivery of the last of the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company Effective Date (“Title Objection Deadline”) to review the Seller’s survey and the Survey, if any, Title Commitment, Commitment and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Seller survey and/or Survey, if applicable, as the case may be, and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are approved, or waives or is deemed to have waived, shall be considered “Permitted Exceptions.” hereunder. If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees will attempt to cure the Title Objections before prior to Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to attempt to cure any or all the Title Objections before Closing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or that Buyer will waive its objections hereunder and proceed to closeclose in accordance with the terms of this Contract; failing which, subject Buyer shall be deemed to Sellerhave waived its objections hereunder. Further, if Seller notifies Buyer that Seller intends to attempt to cure the Title Objections before Closing but fails to cure such Title Objections in a timely manner, then Buyer shall be entitled to exercise its rights set forth in the preceding sentence as its exclusive remedy, provided such right is exercised prior to the Closing Date. Notwithstanding the foregoing, if the Title Objections relate solely to Removable Monetary Liens (as hereinafter defined) then, in addition to the Buyer’s obligationsrights set forth above, at Buyer shall have the option to take title to the Property despite the existence of such matter, and remove such objectionable matter and reduce the Purchase Price in accordance with the amount of money expended in pursuance of such matter (provided that the right to cure matters in accordance with this sentence shall be limited solely to Removable Monetary Liens). For purposes of this Contract, “Removable Monetary Liens” shall mean all liens and encumbrances, which are (i) definite and ascertainable, (ii) can be satisfied by payment of money, and (iii) represent (a) mortgage or before Closingother indebtedness of record, other than related to remove all liquidated liens; remove all exceptions that arise the Existing Debt, and (b) liens or encumbrances suffered or permitted by Seller or any party claiming by, through, through or under Seller; provided, however, that any third party claim (i.e. mechanics’ or materialmens’ liens) provided in item (b) above may be removed from the Title Policy by Seller after the Effective Date; and cure any other Title Objections that Seller has agreed by bond, indemnity or otherwise to cure Buyer’s reasonable satisfaction and, upon which, there shall be no reduction in the Cure NoticePurchase Price with respect to such claim.
Appears in 1 contract
Samples: Real Estate Sales Contract (AmREIT Monthly Income & Growth Fund III LTD)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and on Schedule B of the Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. Notwithstanding any other provision herein, at or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.6. (“Title Objection Deadline”) to review the Survey, Title Commitment, UCC Search, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment Commitment, and UCC Search to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Title Objections. Buyer has 14 Purchaser shall raise written objections to the Title Report and/or the Survey within fifteen (15) days after delivery of the last following Purchaser’s receipt of the Title CommitmentReport (the “Title Review Period”), legible copies as to any matter which renders the title to the Purchased Assets unmarketable (the “Title Objection Notice”), except for matters accepted according to the terms of this Agreement. Seller shall have five (5) Business Days after its receipt of the instruments referenced Title Objection Notice to notify Purchaser (“Seller’s Title Notice”) that Seller has decided to either: (i) remedy the title; or (ii) notify Purchaser that Seller is unable or unwilling to cure any such title defect, provided that if Seller fails to provide the Seller’s Title Notice, Seller shall be deemed to have elected not to cure or otherwise resolve Purchaser’s title objections. Purchaser may elect, by written notice to Seller within three (3) Business Days of Purchaser’s receipt of Seller’s Title Notice, to waive such defects and proceed with the Closing subject thereto. Purchaser’s failure to deliver any written notice shall be a conclusive presumption that Purchaser has approved the Title Report and the Survey and this Agreement shall remain in full force and effect. If Seller is unable or unwilling to remedy the title objections and Purchaser does not elect to waive such defects, then Purchaser may terminate this Agreement by providing written notice thereof to Seller by no later than the later to occur of (i) three (3) Business Days after receiving Seller’s Title Notice or after Seller is deemed to have elected not to cure any objections or (ii) the last day of the Title Review Period, in which event the Deposit shall be refunded forthwith in full termination of this Agreement. All matters affecting title to the Purchased Assets, including those items identified in the Title CommitmentReport and/or the Survey not objected to by Purchaser within the time frame specified or which Seller is unwilling or unable to remedy shall be deemed to be Permitted Exceptions. If Purchaser fails to terminate this Agreement as provided above, then Purchaser shall be required to proceed to closing and take title to the Purchased Assets, subject to the Permitted Exceptions. After the Title Review Period, Purchaser may, by delivery of written notice to Seller, object only to other matters of title that (i) first arise, first appear of record, or are first created after the effective date of the Title Report, and (ii) materially and adversely impact the Survey if a new Survey is required value or use of the Purchased Assets, as determined by Buyer or Title Company Purchaser in the exercise of its reasonable discretion (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Subsequent Objections”). Buyer will If Purchaser delivers any Subsequent Objections to Seller, then Seller shall notify Purchaser in writing on or before the date that is two (2) Business Days after the date of delivery to Seller of the Subsequent Objections (or, if such Subsequent Objections are delivered within two (2) days of the Closing Date, on or before 10:00 a.m. (eastern time) on the Closing Date) of Seller’s election to cure or not to cure prior to Closing such Subsequent Objections. If Seller fails to deliver a notice to Purchaser within two (2) Business Days after Seller’s receipt of the Subsequent Objections, Seller shall be deemed to have approved all matters reflected by the Survey elected not to cure or Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadlineotherwise resolve such Subsequent Objections. The matters that Buyer either approves If Seller elects or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies Seller of any Title elected not to cure such Subsequent Objections, Seller has 7 then Purchaser shall have until the earlier to occur of (i) three (3) days from receipt of Xxxxx’s notice to notify Buyer whether Seller agrees to cure following the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving date of Seller’s Cure Notice, notify Seller that either this Contract is terminated election or Buyer will proceed deemed election not to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, throughcure such Subsequent Objections, or under (ii) 12:00 p.m. (eastern time) on the Closing Date to terminate this Agreement by written notice to Seller after whereupon the Effective Date; Deposit shall be returned to Purchaser and cure the Parties shall be released from any other Title Objections that Seller has agreed to cure in the Cure Noticefurther obligations hereunder, except for those which expressly survive termination of this Agreement.
Appears in 1 contract
Title Objections. Buyer has 14 days after delivery acknowledges receipt of (i) a current title commitment for an extended coverage title insurance policy with respect to the Premises issued by the Escrow Agent with an effective date of April 8, 2015 (the “Title Commitment”) and copies of all underlying documents relating to title exceptions referred to therein, and (ii) a survey of the last Property dated as of February 20, 2015 (the Title Commitment, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will shall have until Close of Business on the sixth (6th) business day prior to the Due Diligence Expiration Date to notify Seller, in writing, of such objections to title or survey as Buyer may have. Any title or survey matter to which Buyer does not so object by such time shall be deemed to have approved all matters reflected by a Permitted Exception. In the Survey or Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that event Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies shall so notify Seller of any Title Objectionsobjection(s) to title, Seller has 7 shall have the right, but not the obligation, to cure such objection(s), other than any defects, objections or exceptions which comprise mortgages or liens voluntarily created by Seller, and, to a maximum of One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, involuntary liens over a liquidated sum, which can be satisfied by payment of a liquidated amount, which Seller agrees that it shall either pay, discharge or comply with at or before the Closing or make arrangement with the Title Company to insure (at normal rates) without such objection as an exception in Buyer’s Title Policy. In the event there are any objections which Seller is not obligated to cure, then within three (3) business days from after receipt of XxxxxBuyer’s notice to of objection(s), Seller shall notify Buyer in writing whether Seller agrees elects to attempt to cure the Title Objections before Closing (“Cure Notice”such objection(s). Failure of Seller to give such notice shall be deemed an election by Seller not to cure such objection(s). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree elects to attempt to cure all any such matter, Seller shall use reasonable efforts to cure such objections. If Seller elects not to cure any objection(s) specified in Buyer’s notice which Seller is not required hereby to cure, or if Seller is unable to effect a cure prior to the Title Objections before Closing, Buyer may, shall have the following options to be given by written notice within 7 three (3) business days after the deadline for the giving of Seller’s Cure Noticenotice or deemed election: (i) to accept a conveyance of the Property subject to the Permitted Exceptions, notify specifically including any matter objected to by Buyer which Seller that either is unwilling or unable to cure (which such matter(s) shall thereafter be deemed to be a Permitted Exception), without reduction of the Purchase Price, or (ii) to terminate this Contract is terminated or Buyer will proceed to close, subject by sending written notice thereof to Seller’s obligations, at or before Closingand upon delivery of such notice of termination, this Contract shall terminate, in which case the Deposit shall be paid to remove all liquidated liens; remove all exceptions that arise bySeller (or, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller has agreed to cure in the Cure Noticeevent of a New Material Title Defect, the Deposit shall be returned to Buyer), and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except for the Surviving Obligation, as hereinafter defined.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Resource Real Estate Opportunity REIT, Inc.)
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, and Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of Xxxxx’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 days after delivery of until the last of the Title Commitment, legible copies of the instruments referenced deadline stated in the Title Commitment, and the Survey if a new Survey is required by Buyer or Title Company section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 five (5) days from receipt of XxxxxBuyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five (5) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract contract is terminated or Buyer will proceed to close, subject to Seller’s obligationsobligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.
Appears in 1 contract
Samples: Real Estate Sales Contract
Title Objections. Buyer has 14 shall have until the end of twenty (20) days after delivery the date of the last receipt of the Title CommitmentCommitment or Survey, legible copies of the instruments referenced in the Title Commitment, and the Survey if a new Survey whichever is required by Buyer or Title Company later (“Title Objection Deadline”) ), to review examine the Survey, the Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them in writing (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey or Survey, Title Commitment and title instruments referenced in them to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are shall be deemed to be permitted exceptions to the status of Seller’s title together with (a) taxes and assessments for the year in which Closing occurs and subsequent years; (b) liens and encumbrances arising after the date hereof to which Buyer consents in writing; (c) building, zoning and subdivision laws and ordinances, and local, state and federal laws, rules and regulations; and (d) any title exceptions arising out of the acts of Buyer, and all of such encumbrances, exceptions or other matters, together with such other matters included pursuant to other provisions of this Contract, shall be referred to as the “Permitted Exceptions.” If Xxxxx Buyer properly and timely notifies Seller of any Title ObjectionsObjections by the Title Objection Deadline, Seller has 7 ten (10) days from receipt of XxxxxBuyer’s written notice to notify Buyer whether Seller agrees agrees, at Seller’s option and sole discretion but without any obligation to do so, to cure the Title Objections before Closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closing, Buyer may, at its option within 7 ten (10) days after the deadline for the giving of Seller’s Cure Notice, notify Seller that in writing and either this Contract is terminated or (i) accept such title as Seller can deliver and Buyer will proceed to closeClosing, and all exceptions to title set forth in the Title Commitment and Survey which are not removed shall be deemed to be Permitted Exceptions subject to Seller’s obligations, at or before Closing, obligations to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after resolve the Effective Date; items listed in Schedule C of the Title Commitment and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice, if any, or (ii) terminate this Contract and the Title Company shall deliver $100.00 of the Xxxxxxx Money to Seller (as independent consideration for the inspection and review rights granted to Buyer) and shall refund the balance of the Xxxxxxx Money to Buyer, and both parties shall be released from all further obligations under this Contract except those that expressly survive termination. In the event Buyer fails to notify Seller, within such ten (10) day period, that Buyer has elected to proceed under either subpart (i) or (ii) of the immediately preceding sentence, Buyer shall be deemed to have elected to proceed under subpart (ii), and this Contract shall terminate. If Seller notifies Buyer that it elects to cure any such Title Objections in the Cure Notice but is unable to cure same by Closing, then Buyer may, at its option, either (x) accept such title as Seller can deliver in which case the parties shall proceed with Closing and all exceptions to title set forth in the Title Commitment and Survey which are not removed shall be deemed to be Permitted Exceptions, or (y) terminate this Contract by notice in writing to Seller at Closing, in which event the Title Company shall return the Xxxxxxx Money to Buyer and neither party shall have any further rights, duties or obligations hereunder except for provisions of this Contract which expressly survive termination of this Contract.
Appears in 1 contract
Samples: Real Estate Sales Contract (Vista International Technologies Inc)
Title Objections. Buyer has 14 (i) Within seven (7) days after delivery the Purchaser’s receipt of both a Title Commitment and Survey for the last Property, Purchaser shall notify Seller in writing of Purchaser’s objection to any exceptions or other title matters shown on any Title Commitment or Survey. Purchaser’s title objections shall be limited to objections to the Title Commitmentpresence of any valid liens, legible copies of claims, encumbrances, and/or security interests negatively affecting the instruments referenced in the Title CommitmentProperty (each, and the Survey if a new Survey is required by Buyer or Title Company (“Title Objection Deadline”) to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title ObjectionsObjection”). Buyer will be deemed At least five (5) days prior to have approved all matters reflected by the Survey or Title Commitment to which Xxxxx has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Xxxxx notifies Seller of any Title ObjectionsClosing Date, Seller has 7 days from receipt of Xxxxx’s notice to shall notify Buyer Purchaser whether Seller agrees it will attempt to cure the Title Objections before and which, if not all, Title Objections it will attempt to cure. Based on Seller’s response, Purchaser may elect to (A) give Seller additional time to cure, and the parties will delay Closing for the period of time necessary for Seller to attempt to cure, not to exceed 30 days beyond the original Closing Date, or (“Cure Notice”)B) terminate the Agreement, in which event neither party will have any further obligations or liability hereunder, except for those obligations expressly stated to survive such termination. If Purchaser elects to have Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree attempt to cure all the Title Objections before Closing, Buyer may, within 7 days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated or Buyer will proceed to close, subject to Seller’s obligations, at or before Closing, to remove all liquidated liens; remove all exceptions that arise by, through, or under Seller after the Effective Date; and cure any other Title Objections that Seller agreed to address, Seller shall have the option to extend the Closing Date -- and the parties shall execute an amendment to this Agreement to that effect -- up to 30 days in order to cure such of those Title Objections Seller has agreed to cure. If Seller is unable to cure those Title Objections it has agreed to cure within the agreed-upon time period, then Purchaser shall have the option, as its sole remedy, upon written notice to Seller on or before the amended Closing Date, to terminate this Agreement, in the Cure Noticewhich event neither party will have any further obligations or liability hereunder, except for those obligations expressly stated to survive such termination.
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Title Objections. Buyer has 14 ten (10) days after the delivery of the last of both the Title Commitment, legible copies of the instruments referenced in the Title Commitment, Commitment and the Survey if a new Survey is required by Buyer or Title Company (“"Title Objection Deadline”") to review the Survey, Title Commitment, and legible copies of the title instruments referenced in them and notify Seller of Buyer’s 's objections to any of them (“"Title Objections”"). Buyer will be deemed to have approved all matters reflected by the Survey or and Title Commitment to which Xxxxx Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “"Permitted Exceptions.” " If Xxxxx Buyer notifies Seller of any Title Objections, Seller has 7 30 days from receipt of Xxxxx’s Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing closing (“"Cure Notice”"). If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before Closingclosing, Buyer may, within 7 five days after the deadline for the giving of Seller’s 's Cure Notice, notify Seller that either this Contract is terminated or terminated, in which case Buyer will shall be entitled to the return of all Xxxxxxx Money, if any, on deposit with the Title Company. Alternatively, Buyer may elect to proceed to close, subject to Seller’s obligations's obligations to resolve the items listed in Schedule C of the Title Commitment, at or before Closing, to remove all the liquidated liens; , remove all exceptions that arise by, through, or under Seller after the Effective Date; , and cure any other only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
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Samples: Estate Sales Contract (Ricks Cabaret International Inc)